35 U.S. Code § 122. Confidential status of applications; publication of patent applications
This section enacts the Patent Office rule of secrecy of applications.
2012—Subsec. (b)(2)(B)(iii). Pub. L. 112–211 struck out “, unless it is shown to the satisfaction of the Director that the delay in submitting the notice was unintentional” after “regarded as abandoned”.
2011—Subsec. (b)(2)(A)(ii). Pub. L. 112–29, § 20(j), struck out “of this title” after “181”.
Subsec. (b)(2)(A)(iii). Pub. L. 112–29, § 20(j), struck out “of this title” after “111(b)”.
Subsec. (b)(2)(A)(iv). Pub. L. 112–29, § 20(j), struck out “of this title” after “16”.
Subsec. (d). Pub. L. 112–29, § 20(j), struck out “of this title” after “17”.
Subsec. (e). Pub. L. 112–29, § 8(a), added subsec. (e).
1999—Pub. L. 106–113 amended section catchline and text generally. Prior to amendment, text read as follows: “Applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner.”
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Amendment by of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, and applications published pursuant to subsec. (b) of this section resulting from an international application filed before Nov. 29, 2000 not to be effective as prior art as of the filing date of the international application, but to be effective as prior art in accordance with section 102(e) of this title in effect on Nov. 28, 2000, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4502(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–562, provided that: